# C_2015205EN.01000901.xml

| 22.6.2015 | EN | Official Journal of the European Union | C 205/9 |
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22.6.2015

EN

Official Journal of the European Union

C 205/9

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Judgment of the Court (Third Chamber) of 23 April 2015 (request for a preliminary ruling from the Tribunal de grande instance de Nîmes — France) — Jean-Claude Van Hove v CNP Assurances SA

(Case C-96/14) (1)

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((Reference for a preliminary ruling - Directive 93/13/EEC - Unfair terms - Insurance contract - Article 4(2) - Assessment of the unfairness of contractual terms - Exclusion of terms relating to the main subject-matter of the contract - Term intended to ensure that mortgage loan repayments are covered - Borrower’s total incapacity for work - Exclusion from cover in the event of recognised fitness to undertake an activity, paid or otherwise))

(2015/C 205/12)

Language of the case: French

Referring court

Referring court

Tribunal de grande instance de Nîmes

Parties to the main proceedings

Parties to the main proceedings

Applicant: Jean-Claude Van Hove

Applicant:

Defendant: CNP Assurances SA

Defendant:

Operative part of the judgment

Operative part of the judgment

Article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, must be interpreted as meaning that a term of an insurance contract intended to ensure that loan repayments payable to the lender will be covered in the event of the borrower’s total incapacity for work falls within the exception set out in that provision only where the referring court finds:

| — | first, that, having regard to the nature, general scheme and the stipulations of the contractual framework of which it forms part, and to its legal and factual context, that term lays down an essential component of that contractual framework, and, as such, characterises it, and |
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first, that, having regard to the nature, general scheme and the stipulations of the contractual framework of which it forms part, and to its legal and factual context, that term lays down an essential component of that contractual framework, and, as such, characterises it, and

| — | secondly, that that term is drafted in plain, intelligible language, that is to say that it is not only grammatically intelligible to the consumer, but also that the contract sets out transparently the specific functioning of the arrangements to which the relevant term refers and the relationship between those arrangements and the arrangements laid down in respect of other contractual terms, so that that consumer is in a position to evaluate, on the basis of precise, intelligible criteria, the economic consequences for him which derive from it. |
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secondly, that that term is drafted in plain, intelligible language, that is to say that it is not only grammatically intelligible to the consumer, but also that the contract sets out transparently the specific functioning of the arrangements to which the relevant term refers and the relationship between those arrangements and the arrangements laid down in respect of other contractual terms, so that that consumer is in a position to evaluate, on the basis of precise, intelligible criteria, the economic consequences for him which derive from it.

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(1)  OJ C 142, 12.5.2014.

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